AN ACT Relating to criminal justice training; amending RCW 43.101.030; reenacting and amending RCW 43.101.200; adding new sections to chapter 43.101 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 43.101.030 and 1981 c 132 s 3 are each amended to read as follows:

The commission shall consist of ((~~twelve~~)) fourteen members, who shall be selected as follows:

(1) The governor shall appoint two incumbent sheriffs and two incumbent chiefs of police.

(2) The governor shall appoint one person employed in a county correctional system and one person employed in the state correctional system.

(3) The governor shall appoint one incumbent county prosecuting attorney or municipal attorney.

(4) The governor shall appoint one elected official of a local government.

(5) The governor shall appoint one private citizen.

(6) The governor shall appoint two peace officers representing local law enforcement agencies. The appointments must be from a list submitted by the Washington state council of police officers.

(7) The three remaining members shall be:

(a) The attorney general;

(b) The special agent in charge of the Seattle office of the federal bureau of investigation; and

NEW SECTION. Sec. 2. A new section is added to chapter 43.101 RCW to read as follows:

(1) The commission shall charge revenue recovery fees to all law enforcement personnel who are subject to the mandatory basic law enforcement training requirement of RCW 43.101.200 and who begin training on or after July 1, 1997, in an amount equal to all or a portion of the commission's pro rata cost of providing basic law enforcement training at the time and place provided, plus interest as provided for in subsection (2) of this section. The commission may begin charging revenue recovery fees as of July 1, 1997, but no later than July 1, 1998.

(2) The commission may establish a monthly payment schedule with the law enforcement personnel for the payment of revenue recovery fees. The monthly payment schedule is calculated based on the law enforcement personnel's monthly salary, the total revenue recovery fee charged, and any other factors the commission deems reasonable to consider. The commission may charge a reasonable rate of interest, not to exceed eight percent, on the total amount of the revenue recovery fee over the entire period of the payment schedule.

(3) Revenue recovery fees authorized under subsections (1) and (2) of this section may be charged only as prescribed by rule adopted by the commission under chapter 34.05 RCW. In any such rule, the commission shall, in its sole discretion, establish the percentage of the pro rata cost to be charged, up to and including the full pro rata cost, plus any interest as provided for in subsection (2) of this section.

(4) The commission shall establish standards for waiver of all or a portion of the pro rata training fees assessed in this section. The standards for waiver must be based on a showing of low income or other showing of need by an individual officer.

(5) Payment in full of all fees assessed by the commission under this section is a prerequisite to the commission's approval or certification of successful completion of the training for which the fees have been assessed. If the payment of fees is based on a monthly payment schedule, the law enforcement personnel's signature on an obligation note reflecting the total fee owed plus interest is a prerequisite to the commission's approval or certification of successful completion of the training for which the fees have been assessed.

(6) All fee payments received by the commission are deemed to be revenue recoveries by the commission.

(7) All recoveries of revenue under this section must be deposited in the public safety and education account created under RCW 43.08.250 and are subject to appropriation under that section.

NEW SECTION. Sec. 3. A new section is added to chapter 43.101 RCW to read as follows:

(1) Two separate training standards and education boards are created and established, to be known and designated as (a) the board on law enforcement training standards and education and (b) the board on correctional training standards and education.

(2) The purpose of the board on law enforcement training standards and education is to review and recommend to the commission programs and standards for the training and education of law enforcement personnel.

(3) The purpose of the board on correctional training standards and education is to review and recommend to the commission programs and standards for the training and education of correctional personnel.

NEW SECTION. Sec. 4. A new section is added to chapter 43.101 RCW to read as follows:

(1) The board on law enforcement training standards and education consists of thirteen members, appointed by the executive director and subject to approval by the commission. Members must be selected as follows: (a) Three must represent county law enforcement agencies, at least two of whom must be incumbent sheriffs; (b) three must represent city police agencies, at least two of whom must be incumbent police chiefs, one of whom shall be from a city under five thousand; (c) one must represent community colleges; (d) one must represent the four-year colleges and universities; (e) four must represent the council of police officers, two of whom must be training officers; and (f) one must represent tribal law enforcement in Washington. The six officers under (a) and (b) of this subsection may be appointed by the executive director only after the Washington association of sheriffs and police chiefs provides the director with the names of qualified officers. The four officers under (e) of this subsection may be appointed by the executive director only after the council of police officers provides the director with the names of qualified officers.

(2) The board on correctional training standards and education consists of fourteen members, appointed by the executive director and subject to approval by the commission. Members must be selected as follows: (a) Three must be employed in the state correctional system; (b) three must be employed in county correctional systems; (c) two must be employed in juvenile corrections or probation, one at the local level and the other at the state level; (d) two must be employed in community corrections; (e) one must represent community colleges; (f) one must represent four-year colleges and universities; and (g) two must be additional persons with experience and interest in correctional training standards and education. At least one of the members appointed under (a) of this subsection and at least one of the members appointed under (b) of this subsection must be currently employed as front line correctional officers.

NEW SECTION. Sec. 5. A new section is added to chapter 43.101 RCW to read as follows:

All members of each of the training standards and education boards must be appointed for terms of six years, commencing on July 1st, and expiring on June 30th. However, of the members first appointed three will serve for terms of two years, four will serve for terms of four years, and four will serve for terms of six years. A member chosen to fill a vacancy that has been created other than by expiration of a term must be appointed for the unexpired term of the member to be succeeded. A member may be reappointed for additional terms.

NEW SECTION. Sec. 6. A new section is added to chapter 43.101 RCW to read as follows:

A member of either board appointed under section 4 of this act as an incumbent official or because of employment status, ceases to be a member of the board immediately upon the termination of the holding of the qualifying office or employment.

NEW SECTION. Sec. 7. A new section is added to chapter 43.101 RCW to read as follows:

Each training standards and education board shall elect a chair and vice-chair from among its members. A simple majority of the members of a training standards and education board constitutes a quorum. The commission shall summon each of the training standards and education boards to its first meeting.

NEW SECTION. Sec. 8. A new section is added to chapter 43.101 RCW to read as follows:

Members of the training standards and education boards may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 9. A new section is added to chapter 43.101 RCW to read as follows:

The training standards and education boards have the following powers:

(1) To meet at such times and places as they may deem proper;

(2) To adopt bylaws for the conduct of their business as deemed necessary by each board;

(3) To cooperate with and secure the cooperation of any department, agency, or instrumentality in state, county, or city government, and commissions affected by or concerned with the business of the commission;

(4) To do any and all things necessary or convenient to enable them fully and adequately to perform their duties and to exercise the powers granted to them;

(5) To advise the commission of the training and education needs of criminal justice personnel within their specific purview;

(6) To recommend to the commission standards for the training and education of criminal justice personnel within their specific purview;

(7) To recommend to the commission minimum curriculum standards for all training and education programs conducted for criminal justice personnel within their specific purview;

(8) To recommend to the commission standards for instructors of training and education programs for criminal justice personnel within their specific purview;

(9) To recommend to the commission alternative, innovative, and interdisciplinary training and education techniques for criminal justice personnel within their specific purview;

(10) To review and recommend to the commission the approval of training and education programs for criminal justice personnel within their specific purview;

(11) To monitor and evaluate training and education programs for criminal justice personnel with their specific purview.

Each training standards and education board shall report to the commission at the end of each fiscal year on the effectiveness of training and education programs for criminal justice personnel within its specific purview.

NEW SECTION. Sec. 10. A new section is added to chapter 43.101 RCW to read as follows:

For the purpose of raising the level of competence of criminal justice personnel, the commission shall review the recommendations of training standards and education boards made under section 9 of this act.

NEW SECTION. Sec. 11. A new section is added to chapter 43.101 RCW to read as follows:

(1) All law enforcement personnel initially hired to, transferred to, or promoted to a supervisory or management position on or after January 1, 1999, shall, within the first six months of entry into the position, successfully complete the core training requirements prescribed by rule of the commission for the position, or obtain a waiver or extension of the core training requirements from the commission.

(2) Within one year after completion of the core training requirements of this section, all law enforcement personnel shall successfully complete all remaining requirements for career level certification prescribed by rule of the commission applicable to their position or rank, or obtain a waiver or extension of the career level training requirements from the commission.

(3) The commission shall provide the training required in this section, together with facilities, supplies, materials, and the room and board for attendees who do not live within fifty miles of the training center. The training shall be delivered in the least disruptive manner to local law enforcement agencies, and will include but not be limited to regional on-site training, interactive training, and credit for training given by the home department.

(4) Nothing in this section affects or impairs the employment status of an employee whose employer does not provide the opportunity to engage in the required training.

NEW SECTION. Sec. 12. A new section is added to chapter 43.101 RCW to read as follows:

By January 1st of every odd-numbered year, the commission shall provide a written report to the legislature addressing the following items: (1) Status and satisfaction of service to its clients; (2) detailed analysis of how it will maintain and update adequate state‑of‑the‑art training models and their delivery in the most cost‑effective and efficient manner; and (3) fiscal data projecting its current and future funding requirements.

NEW SECTION. Sec. 13. A new section is added to chapter 43.101 RCW to read as follows:

Each year the criminal justice training commission shall offer an intensive training session on investigation of child abuse and neglect. The training shall focus on the investigative duties of law enforcement established under chapter 26.44 RCW with particular emphasis placed on child interview techniques to increase the accuracy of statements taken from children and decrease the need for additional interviews.

Sec. 14. RCW 43.101.200 and 1993 sp.s. c 24 s 920 and 1993 sp.s. c 21 s 5 are each reenacted and amended to read as follows:

(1) All law enforcement personnel, except volunteers, and reserve officers whether paid or unpaid, initially employed on or after January 1, 1978, shall engage in basic law enforcement training which complies with standards adopted by the commission pursuant to RCW 43.101.080. For personnel initially employed before January 1, 1990, such training shall be successfully completed during the first fifteen months of employment of such personnel unless otherwise extended or waived by the commission and shall be requisite to the continuation of such employment. Personnel initially employed on or after January 1, 1990, shall commence basic training during the first six months of employment unless the basic training requirement is otherwise waived or extended by the commission. Successful completion of basic training is requisite to the continuation of employment of such personnel initially employed on or after January 1, 1990.

(2) Except as otherwise provided in this chapter, the commission shall provide the aforementioned training together with necessary facilities, supplies, materials, and the board and room of noncommuting attendees for seven days per week. Additionally, to the extent funds are provided for this purpose, the commission shall reimburse to participating law enforcement agencies with ten or less full-time commissioned patrol officers the cost of temporary replacement of each officer who is enrolled in basic law enforcement training: PROVIDED, That such reimbursement shall include only the actual cost of temporary replacement not to exceed the total amount of salary and benefits received by the replaced officer during his or her training period.

NEW SECTION. Sec. 15. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 16. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.